2010-08-25 | Apple puts a stop to the eiPott

Apple made the German designer business Koziol cease to market a new egg cup under the name “eiPott”. This infringes Apple’s trademark “iPod”. The court of Hamburg assumes likelihood of confusion with the public. The trademark iPod and the sign eiPott are phonetically similar and are used for the same products. Apple has registered the […] Read more

2010-07-26 | EU Report on Customs Enforcement

In 2009 the EU customs seized more than a few million of goods in 43 500 control actions at the EU border. The reason: customs assessed them to be counterfeited and pirated. This was announced by the Commission last week in its report on EUR Customs Enforcement of Intellectual Property Rights. The seized goods are mostly cigarettes, clothing and branded […] Read more

2010-07-14 | ECJ: Additional rules for brand AdWords and trademarks

Resellers of second hand brand goods can use the trademark as an AdWord. This follows from the ECJ judgment of 8 July 2010 (Portakabin/Primakabin). It must be clear that it concerns second hand goods. The trademark cannot be replaced by another trademark owned by the reseller. Otherwise the trademark owner can stop the use of the […] Read more

2009-10-06 | Low threshold for CTMs to gain a reputation

On 6 October the European Court of Justice rendered its long expected judgment in the case PAGO/Tirol Milch about Community Trademarks ‘with a reputation in the Community’. The relevant question: does a trademark with a reputation in only one Member State have ‘a reputation in the Community’? The figurative trademark PAGO of a bottle with […] Read more

2008-12-15 | PepsiCo wins summary proceedings against G-Star

Today the Dutch fashion group G-Star lost its case in summary proceedings against PepsiCo. This matter was about PepsiCo’s new soft drink PEPSI RAW, its latest attempt to win the ‘knowledgable consumer’ for its cola. This cola variant contains, instead of a number of artificial ingrediënts, natural products such as apple extract, coca leaves en […] Read more

2008-12-01 | No absolute protection for famous marks

INTEL: a unique and well known brand for computer products. Is there anyone who doesn’t know it? Still, Intel Corporation cannot stop any use of a similar trademark by others by calling upon this immense fame. This follows from a decision given by the ECJ at the end of November. An English telemarketing company had […] Read more

2008-09-12 | Quit drinkers? Snow Beer is coming!

Quietly the Chinese Snow Beer has beaten market leader Anheuser-Busch by selling just a little more beer: 51.2 M hectoliter Snow Beer against 48.4 M hectoliter Bud Lite last year. Funny, cause who knows Snow Beer? Is there a giant group of quiet drinkers involved? The profits for Snow have been made nearly exclusicely in […] Read more